That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §18-33-1, §18-33-2,
§18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, §18-33-8,
§18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13 and §18-33-14,
all to read as follows:

(a) “Governing body” means the organized group of persons who
will operate a public competitive learning academy by deciding
matters including, but not limited to, budgeting, curriculum and
other operating procedures for the public competitive learning
academy and by overseeing management and administration of a public
competitive learning academy. The “governing body” shall include
one nonvoting member appointed by the superintendent of the
district in which the public competitive learning academy is
located.

(b) “Public competitive learning academy” means a public
school that is established and operating pursuant to this article.

(c) “Sponsor” means any individual, group or other
organization filing an application in support of the establishment
of a public competitive learning academy: Provided, That a sponsor
cannot be a for-profit entity, a private school, a religious or
church school or promote the agenda of any religious denomination
or religiously affiliated entity.

§18-33-2. Competitive learning academies.

(a) Public competitive learning academies are a part of the
state program of public education.

(b) Public competitive learning academies are subject to any
regulatory and statutory requirements related to:

(1) Federal and state civil rights;

(2) Federal, state and local health and safety;

(3) Federal and state public records;

(4) Immunizations;

(5) School nutrition;

(6) Confidentiality of student data;

(7) Possession of weapons on school grounds;

(8) Background checks and fingerprinting of personnel;

(9) Federal and state special education services;

(10) Student due process;

(11) Parental rights;

(12) Federal and state student assessment and accountability;

(13) Open meetings;

(14) Freedom of information;

(15) Accounting procedures;

(16) Purchasing procedures;

(17) All school personnel certification requirements; and

(18) All other provisions of state and federal law and rule
except for those specifically listed in subsection (c) of this
section.

(c) Subject to subsection (d), public competitive learning
academies are not subject to state laws and rules related to the
following:

(1) School calendar;

(2) Any minimum instructional minutes per day requirement;

(3) Any personnel laws set forth in chapter eighteen-a of this
code relating to hiring; termination of employment; evaluations;
seniority; and reductions in force;

(4) Required programs of study;

(5) Instructional goals and methods;

(6) School uniforms, subject to section seven of this article;
and

(7) Class size.

(d) In addition to exempting a public competitive learning
academy from the laws and rules set forth in subsection (c) of this
section, the governing body of a public competitive learning
academy may apply to the state board for a waiver of any provisions
of its rules, and may request the Legislature to exempt it from
certain provisions or to change certain school law provisions
generally.

§18-33-3. Creation or conversion of competitive learning
academies.

(a) A public competitive learning academy may be formed by
creating a new school or converting an eligible public school to
competitive learning academy status pursuant to the provisions of
this article: Provided, That the county board of education in
which the competitive learning academy will be located is the
sponsoring entity for the proposed competitive learning academy.

(b) Newly created competitive learning academies are subject
to the following:

(1) The sponsor of a public competitive learning academy shall
file a public competitive learning academy application with the
state board;

(2) Upon a determination that a sponsor meets the requirements
set forth in this article, the state board shall approve the
application. In determining whether or not to approve the
application, the state board shall only consider whether the
requirements of this article are satisfied and shall not consider
any other factor; and

(3) A public competitive learning academy shall be operated by
a not-for-profit organization that is exempt from federal taxation
under Section 501(c)(3) of the Internal Revenue Code. No public
competitive learning academy status may be granted to a for-profit
corporation.

(c) The conversion of a public school to a public competitive
learning academy is subject to the following:

(1) At the time of conversion to a competitive learning
academy, parents whose children are enrolled at the school may
enroll their child in another public school without penalty;

(2) The conversion must occur in between employment terms and
shall be in compliance with the provisions of this article; and

(3) At the time of conversion to a competitive learning
academy, any person employed at the school, or if dismissed from
employment in their position at the competitive learning academy,
may request transfer to another position within the school district
or be placed on a preferred recall list; and

(4) At the time of the conversion to a public competitive
learning academy, the applicant school must be among the bottom
quartile in overall performance on the statewide WESTEST assessment
for the prior academic year.

(d) No competitive learning academy agreement that authorizes
the conversion of any private, parochial, Internet-based or
home-based school to competitive learning academy status may be
granted under this article.

(e) Nothing in this article may be construed to prohibit any
individual or organization from providing funding or other
assistance to the establishment or operation of a public
competitive learning academy, but the funding or assistance may not
entitle the individual or organization to any ownership interest in
the school.

§18-33-4. Application process.

(a) At least sixty days before the proposed public competitive
learning academy plans to begin operation, the sponsor seeking to
establish a public competitive learning academy shall prepare and
file with the state board an application providing the following
information and documents:

(1) A statement defining the mission and goals of the proposed
competitive learning academy;

(2) The proposed instructional goals and methods for the
school, which at a minimum, shall include teaching and classroom
instruction methods that will be used to provide students with the
knowledge, proficiency and skills needed to reach the goals of the
school;

(3) An operating budget based on anticipated enrollment;

(4) A timetable for commencing operations as public
competitive learning academy;

(5) Information on the minimum daily instruction time
requirements, the minimum instructional day per year requirement
and the amount of professional development that will be provided to
personnel employed at the public competitive learning academy;

(6) The proposed rules and policies for governance and
operation of the school;

(7) The names and addresses of the members of the governing
body;

(8) A description of the anticipated student enrollment;

(9) The identification of the individuals and entities
sponsoring the proposed public competitive learning academy,
including names and addresses;

(10) The plan for management and administration of the school;

(11) A copy of the proposed by-laws of the governing body of
the competitive learning academy;

(12) A statement of assurance of liability by the governing
body of the competitive learning academy;

(13) Types and amounts of insurance coverage to be held by the
competitive learning academy, including provisions for assuring
that the insurance provider will notify the state board within ten
days of the cancellation of any insurance it carries on the
competitive learning academy;

(14) The plan for transportation for pupils attending the
competitive learning academy if transportation is provided;

(15) Information regarding financing commitments from debt
sources for cash or similar liquid assets sufficient to demonstrate
that the competitive learning academy will have liquid assets
sufficiently available to operate the school on an ongoing and
sound financial basis; and

(16) Any other reasonable information the state board
determines is necessary to ascertain whether or not the public
competitive learning academy is complying with the requirements set
forth in this article: Provided, That the state board may not
require any information that places an undue hardship on the
sponsor or results in unnecessary delay in the competitive learning
academy application process.

(b) Where an existing public school is to be converted to a
public competitive learning academy, the sponsor making application
must be the county board of education for the county in which the
school is located.

(c) Much of the information required by subsection (a) of this
section is for informational purposes only. Pursuant to section
five of this article, the state board only has authority to deny an
application for failure to meet the requirements of this article.

(a) The state board may approve or deny applications to
establish a public competitive learning academy: Provided, That
the state board only may deny an application based on failure to
comply with the requirements of this article. The state board
shall approve any application when the applicant has fully complied
with all the requirements set forth in this article.

(b) The state board shall approve or deny a competitive
learning academy application within sixty days of receiving the
application. If the state board fails to approve or deny a
competitive learning academy application within the sixty days, the
application is considered approved.

(c) If a decision of the state board is to deny a competitive
learning academy application, it must state its reasons in writing
to the sponsor who submitted the application. The sponsor may
correct any deficiencies in complying with this article and
resubmit the application or submit an amended application, as
applicable. Each time an application is resubmitted or an amended
application is submitted, the state board shall approve or deny the
competitive learning academy application within sixty days. If the
state board fails to approve or deny a resubmitted or amended
competitive learning academy application within the sixty days, the
application is considered approved.

(d) Approval of a competitive learning academy application is
effective for five years from the date of approval, after which the
school’s status as a public competitive learning academy is revoked
unless the sponsor applies for public competitive learning academy
status again pursuant to this article and shows substantive student
improvement on statewide or national assessments.

§18-33-6. Termination of public competitive learning academy.

(a) Upon dissolution of a competitive learning academy for any
reason or if competitive learning academy status is not renewed,
any unencumbered public funds from the competitive learning academy
revert to the county board of the district in which the competitive
learning academy is located.

(b) If a competitive learning academy is dissolved for any
reason or competitive learning academy status is not renewed, the
competitive learning academy is responsible for all debts of the
competitive learning academy. Neither the county board of the
district where the competitive learning academy is located nor any
other governmental entity may assume the debt from any contract for
services made between the governing body of the public competitive
learning academy and a third party, except for a debt that is
previously detailed and agreed upon in writing by both the county
board and the governing body of the public competitive learning
academy and that may not reasonably be assumed to have been
satisfied by the county board.

§18-33-7. Compliance.

(a) A public competitive learning academy shall:

(1) Operate as a public, nonsectarian, nonreligious public
school, with control of instruction vested in the governing body of
the school under the general supervision of the sponsoring
authority and in compliance with the competitive learning academy
agreement and this article;

(2) Meet the same performance standards and requirements
adopted by the state board for other public schools, but may apply
for a waiver of certain policies as indicated in its application;

(3) Receive state, federal and local funds from the county
board of the district in which the school is located; and

(4) Provide special education services as required for all
public schools by federal law unless provided by the county board
of education in another school reasonably within the vicinity.

(b) A public competitive learning academy is subject to all
federal and state laws and constitutional provisions prohibiting
discrimination on the basis of disability, race, creed, color,
national origin, religion, ancestry or need for special education
services.

(c) A public competitive learning academy shall comply with
all applicable health and safety standards, regulations and laws of
the United States and State of West Virginia.

(d) A public competitive learning academy is accountable to
the state board for the purpose of ensuring compliance with the
requirements of this article.

(e) All contracts for goods and services in excess of $5,000
shall be bid and approved by the governing body of each public
competitive learning academy.

(f) A public competitive learning academy shall be governed
and managed by a governing body.

(g) The governing body of a public competitive learning
academy is subject to section five, article two, chapter six-b and
any other ethical standards that are applicable to county board
members.

(h) The meetings of the governing body of a public competitive
learning academy are considered public business and shall comply
with the Open Governmental Proceedings Act set forth in article
nine-a, chapter six of this code.

(I) A public competitive learning academy is subject to all
state audit procedures and audit requirements, and shall submit
quarterly financial reports to the state board and the county board
of the district in which the public competitive learning academy is
located.

(j) A public competitive learning academy may not charge
tuition.

(k) A public competitive learning academy shall be operated on
a July 1 to June 30 fiscal year and the governing body shall adopt
and operate under an annual budget for the fiscal year. The budget
shall be prepared in the same format as that required for county
boards.

(l) A public competitive learning academy shall maintain its
accounts and records in accordance with the Governmental Accounting
Standards Board standards.

(m) A public competitive learning academy shall require all
students to wear a school uniform.

§18-33-8. Funding.

(a) The county board of the county in which a public
competitive learning academy is located shall allocate one hundred
percent of the state and local education funds to the public
competitive learning academy based on the per pupil expenditure of
the county board, subject to sections ten and fourteen of this
article. The minimum per pupil expenditure shall be based on the
net enrollment of the district for the previous school year. A
county board may expend additional funds in the operation of the
public competitive learning academy: Provided, That all funds are
spent according to the budget submitted in the competitive learning
academy agreement, or as otherwise revised by the public
competitive learning academy request of the governing body, subject
to state and federal law. The governing body of a public
competitive learning academy may contract with the county board of
the district in which the public competitive learning academy is
located to act as fiscal agent for a public competitive learning
academy.

(b) Notwithstanding subsection (a) of this section, funds
which would otherwise be allocated on the basis of enrollment in
the prior year shall be allocated, during the first full academic
year of operation of any public competitive learning academy, on
the basis of the anticipated enrollment in the competitive learning
academy agreement, which amount shall be subsequently adjusted to
reflect the actual number of students enrolled.

(c) A public competitive learning academy also may be funded
by federal grants; grants, gifts, devises or donations from any
private sources; and state funds appropriated for the support of
the public competitive learning academy, if any, and any other
funds that may be received by the county board of the district in
which the public competitive learning academy is located. Receipt
of any of these funds shall be reported to the state board. Public
competitive learning academies, county boards and the state
superintendent are encouraged to apply for federal funds
appropriated specifically for the support of competitive learning
academies.

§18-33-9. Enrollment.

(a) Participation in a public competitive learning academy
shall be based on parental choice, or the choice of the legal
guardian or custodian.

(b) A public competitive learning academy shall enroll an
eligible pupil who submits a timely application, unless the number
of applications exceeds the capacity of a program, class, grade
level or building. If applications exceed the planned capacity of
the public competitive learning academy, students shall be enrolled
in accordance with the following priorities:

(1) Pupils in attendance in the previous school year at any
public school that converts to become a public competitive learning
academy, or those pupils who would have attended the public
competitive learning academy in the previous school year based on
residence;

(2) Pupils attending public schools within the district in
which the public competitive learning academy is located;

(3) Children residing within the district in which the public
competitive learning academy is located, but who are not enrolled
in public schools; and

(4) Any other children.

(c) If enrollment within a priority grouping set forth in
subsection (b) of this section exceeds the planned capacity of the
school, enrollment within that group shall be determined on the
basis of a lottery.

(d) Notwithstanding any other provision of this section to the
contrary:

(1) Preference shall be given to the siblings of a pupil who
is already enrolled and to the children of a teacher, sponsor or
member of the governing body of the competitive learning academy;
and

(2) In order to promote competition with other public schools
in the county in which a competitive learning academy is located,
the Legislature intends that the student population be similar to
other public schools in the state. Therefore, the enrollment of
students who are enrolled in an individual education program, are
eligible for free and reduced lunch or both shall be given priority
over other pupils until forty percent of the student population of
any proposed competitive learning academy is composed of those
students. The students enrolled in individual education programs
and eligible for free and reduced lunch shall be enrolled in
accordance with the priorities set forth in subsection (b) of this
section.

§18-33-10. Student transportation.

A county board of education shall provide transportation for
students to and from a public competitive learning academy,
provided those students live in the vicinity of the public
competitive learning academy and would otherwise be transported to
that school by the county board if the public competitive learning
academy had not become a public competitive learning academy.
Students living outside the vicinity of the public competitive
learning academy who elect to attend the school are responsible for
their own transportation to and from the public competitive
learning academy.

§18-33-11. Conditional approval.

If approval is a prerequisite for the sponsor to raise working
capital, the state board may grant conditional approval for a
public competitive learning academy application. If the sponsor
has satisfied all other requirements set forth in this article, the
state board shall grant full approval subject to the sponsor
providing information regarding financing commitments from debt
sources for cash or working capital sufficient to demonstrate that
a competitive learning academy will have liquid assets sufficiently
available to operate the school on an ongoing and sound financial
basis.

§18-33-12. Information on competitive learning academies.

(a) The state superintendent shall provide information to the
public through its Internet site and otherwise on how to form and
operate a public competitive learning academy. This information
shall include a standard application format which shall include the
information specified in section four of this article.

(b) The state superintendent shall monitor the status of
competitive learning academy applications and shall maintain
information on the total number of competitive learning academy
applications, total number of competitive learning academy
applications granted by type of school and total number of
competitive learning academy applications denied.

§18-33-13. Leaves of absence for teachers.

(a) If a teacher employed by a county board makes a written
request for an extended leave of absence to teach at a public
competitive learning academy, the county board may grant the leave
pursuant to section two, article two, chapter eighteen-a of this
code.

(b) The seniority acquired by a teacher while on a leave of
absence to teach at a public competitive learning academy will
continue to accrue the same as if the teacher were employed at the
county board of the district in which the teacher was immediately
previously employed.

(c) For the purposes of determining salary in accordance with
article four, chapter eighteen of this code, a teacher shall
receive credit toward years of service while teaching at a public
competitive learning academy at a rate of pay the teacher would
have received if teaching in a noncompetitive learning academy
within the school district.

§18-33-14. Employment of school personnel; insurance; retirement.

(a) School personnel employed at a public competitive learning
academy are considered employees of the county board of the
district in which the public competitive learning academy is
located for the purposes of salary and benefits. The competitive
learning academy shall recommend to the county board who to hire
for each position, and the county board shall hire the recommended
individuals and assign them to the public competitive learning
academy. The county board also shall dismiss school personnel
assigned to a public competitive learning academy upon the
recommendation of the governing board of a public competitive
learning academy. The governing board has supervisory authority
over the school personnel assigned to the school.

(b) The county board shall pay for the cost of the salaries
and benefits for the school personnel employed by the county board
and assigned to the competitive learning academy.

(c) Since school personnel employed at a competitive learning
academy are considered employees of a county board all school
personnel employed at a public competitive learning academy are:

(1) Eligible for public employee insurance agency benefits in
the same manner that school personnel employed by the county board
of the district in which the school is located are;

(2) Eligible to participate in the Teachers Retirement System
or, in the same manner that school personnel employed by the county
board of the district in which the school is located are; and

(3) Eligible for any other benefits provided to other school
personnel employed by the county board.

NOTE: The purpose of this bill is to create public
competitive learning academies in the state. The bill sets forth
the applicable regulatory and statutory requirements, exemptions
from state laws and rules, and provides for conversion of public
school to public competitive learning academy. The bill also
established public competitive learning academy requirements,
conditional approval of academies, funding, enrollment of students
and their transportation. The bill establishes the school term,
provides information on competitive learning academies, sets forth
leaves of absence for teachers, employment of school personnel and
their benefits. The bill additionally provides a termination
process of a public competitive learning academy.

This article is new; therefore, strike-throughs and
underscoring have been omitted.